Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Eonorable J. B, IdsDonald
Commlesl.oner of Agriculture
Au&in, Tens
W3 era in reo ueat far an opilllon upon the following
oertifioate per;dttin& then t,G ebi;, rturserg
stock izto this atete. Xt red.9 ae.followas
Q3 person, partnershiD, of wr~ratlon outside the State shall be perd.tted to Ship nursery stook into t&is State without having ::iret filed with the Ctxnmiapianer of Agrioul~- ture a oertlfica8 copy ef his or thsit asrttfl- *2 Honorabls 3. IL HoDonald, Page 8
oate of inapeotion issued by the proper authorl- ties in the Stats from whioh the shipment ori- ginates. Suoh oertifloate nust 8hor that the to be shipped ha6 been srszilnsd by the stook proper officers of inopeotion In auoh State, and that it ia a>garantly free from all dangerous ia- mot pests or ooatagioua dieeasea and when fuai- gation 18 required by the Corsmisaloner of Aqri- oulturo, that ths stoc.4 ham bsen propsrly iti- Upon receipt of iu4t: csrtifioate, irated. the ,_1 Comulisalon4r shall make CnJc;? inlWSti&AtiOll as TV r:oral standing and integrity as will satisfy him that the amlioant Is entitled tu rooeive
%aoh box, bole or paoka;se of nureary staok Srom outside the Stats shall beer a tag on which le printed a oo:?y of the oertifioats of this State, and alao a oopy of ths sertifiaete of the state in which it originetQ8.* (UWktrS4Or- ing our41
Artlale .193 deals with *inspsotion feee*t @i-&l fir aIU! OOllQ4t “!t%Q &UWSi85~0~~ rsaronable fsee for the lnspeoblon herein pro-
vided for, 9f not &QSU than two dollars aad fttts cent6 nor mm thsn ftftesn dollars fer eeoh inaDeOtion.* lUnder6coring OUTB 1
The rrgeoial rider to the Itemhad Agrloultural pertmnt appropriation in the Oeaeral %psrt;nsntal Appn, tlon Bill, Senate Bill 487, Aotis of the 40th Le@lsletum;~ “appro~riatea* oertain tie Depsrtmnt of Agriaulture
f ee6 and/or balanoee for the we of for activitiss “as hsreinabovo speoifloslly ttw&zed.” reads ae ~tol.~~o~ This rider
” all fees and/or tinexpended balances WLiCh &Gs*been reoeived an8 WtdCh may be re- oeived b;+ virtue of Chapter%7, Artfcls X%3, Ee- vised Ctvil Gtatutss, 182A . . .
379 iktnorable S. 2:. &Donald, Page 3
It will be noted that all fees which have been re? ceived and which may be rsoeived "by virtiis of Chapter 9, Artlcls 153, Revised Gfvil Statutea, 1925* are among those fees agrcprlated to the use of the Department of Agrioul- tur83. iie oall attention to the faot thrit Chapter 9 does
not Oontain an "Article 153". Cbqter 7 Title 4, the Nur- sery Inspeoticn Law, ooipriscas Article6 ilQ-135. Article0 125 end 133 provide for the oolleation of fees. In the Co~sral De~art~snta.1 h;,pro;Iriation Bill, agrloultural rider, sk.ove quoted, t:~ere is no lnolusicn of Artlole 128 presorib- in:; A five dollar fee for a cortifioete for cut-of-state nurserymen, on& Article 133, tLe _:enerel inrrpeotion fee stntute, is referred tc as Article 153.
There is no doubt in our minds that in enaoting the speoial r5Aer above referred to the h&.aLature intended to appropriate for the use of the Drpartrnsnt of Agric3ulture es outlined in the iteaieed seotion of the bill all the nursery inspeotion fees collooted under Chapter 7, inoludlng the fees provfded for in Article 128 ea well as Artiale 133. Further- ~:ore, we think it is a:pparent that failure to mention Article 12j w0.s an ove;a%ght and reference to 153 - a non-existent statute In Chagter 7 - an error. IB the intsntion of Iri nedthor instame, however,
the Legislature olroumvented. plaoe, the Legislature appropriated Sn the first all fees received or receivable under Chapter 7, the Rtrsery Inapeotion Law. It is true that only one fee article of tile statute is referred to, but even hare a aerioua error is costi:.tted. The e:‘feet of the error is to nedesaltate a construotlon whloh will aarry out the intention of the Le$is- lature. It WHB obviously not the plan of the laumaking body to inolude feee oollected from intrastate nurserymen, end to exclude without nurserymen. mention the inspection fees of out-of-state
The very next rcfertmco II: the rider is to "ahag- tcr 3 of Title 4, Reds& Civil s&r:tutes, 1823." T&la incli- cates thitt t.:ie Legislature intaniec; that all the fues re- ceived ,317 receivable under Chapter 7 were a?Dropriated. support the
,T:23 canon5 oi Lstntatory COllSLZXCtiO9 yxltic-r, vie hvc taken.
‘38(
Ronorable J. E. UoDonald, Rage 4
The section of t.he rider with whioh we are oonoern- ed is erroneous and anzbi It ie subjeot to oomstruo- uof.18. rule legislative error8, nilstakw While es a genera !f tion. or otisgions oannot be oorreoted u,nless by the Legislature still obvious error8 or uLietakes of a olerioal ~~~~%tioal or tgographloal nature my be dleregarded: Rlllere* mutual Fire Insurance 00. v. city or Aurtin,
210 s. 1. 825 Cernooll v. Colorado County, 48 s. w. (2d) 47Q Frasa v. Darrouzett Independent Sohool Dlstriot,
227 s. IV. 751
State v. Cunter, 81 9. w. lC2S
=Thue it is settled that the intention of the Legislature controls the language used by it, and in construing a etatute the oourt ie not oonfined to the literal meanfng oi neoeeearily the word8 wed, especially or prtioular ;rovieions; the intent rathar in rerpeat of lrolated than t.h:6 rtrldt letter of the aot will be re- .garded.* 39 Tex. JUr. 181 The intent or the Lagl8lature m8 undoubtedly to
appropriate ell the fees oolle0ted under Chapter 7 to the Departrtient of Agrioulture. Sin00 there ir no Artlole 155, the reasonable construction ie to inolude all fees rsoeired or recetveble under fee articles, i.e. Artioleo 12S and 133, within the rider appropriation.
It 1s our opinion that the five dollar rees oolleot- .ed rrom out-or-state nureerymen under Arbicle MS, Revised Civil Statutes, 1926, are ‘fees . . . whloh have been received and whloh may be received by vlrt:.le of Chapter 7, Article 153, Revised Civil Stat:,.tee, 1926* within the purvfew of the rider t.2 the agricultural appropriation of Senate Bil.1 4M, the General Degartaentel Ar;:proprietlon Bill, and as suoh are asproprlated to the Department of Agriculture to be used for *5 HOnOrable 3. E. KoDoneld, Page 6
the purposes and in the manner provided in said rider. that we have rullg Trusting answered your inquiry,
we are
Your31 very truly ATTORNEY GZNERAL OF TEMS